Car accident non fault, liability split?

DUTR

FiremanDave wrote: »

Why do you say that?

I'm simply saying that chasing round for you after a non injury collision is not the job for the police.

They didn't chase for me, it wasn't as if once I reported it, they didn't make me do a producer, I don't know or care, all I know is that once they got on his case, he became compliant and furnished his details to the management company so that I could get my car repaired without prejudice to my annual policy.

FiremanDave

DUTR wrote: »

They didn't chase for me, it wasn't as if once I reported it, they didn't make me do a producer, I don't know or care, all I know is that once they got on his case, he became compliant and furnished his details to the management company so that I could get my car repaired without prejudice to my annual policy.

Or maybe they just checked the insurance database.

OnanTheBarbarian

Section 154 Road Traffic Act, you are obliged to give your details irrespective of whether injury arose when you are told of a claim being made against you.

http://www.legislation.gov.uk/ukpga/1988/52/section/154

To the OP

1- Tell your insurers under no circumstances do you consent to the matter being resolved on a 50/50 or any split liability basis.

2- If the other party is burying their head in the sand, they are not exactly going to help their insurer to defend your claim, so you'll have a pretty clear run at it, so crack on and get some court proceedings under way.

3- Do you have legal cover?

FiremanDave

OnanTheBarbarian wrote: »

Section 154 Road Traffic Act, you are obliged to give your details irrespective of whether injury arose when you are told of a claim being made against you.

http://www.legislation.gov.uk/ukpga/1988/52/section/154

Is that a matter for the police then?

Insideinsurance keeps stating the police no nothing about deciding liability. So how can they be responsible for enforcing that part of the act.

OnanTheBarbarian

The statutory obligation to provide insurance details and plod getting involved in any civil liability situation are 2 totally different issues.

In general, unless it is an incident involving injury and plod attend, or the accident happens under their nose, they have literally no interest in assisting people when they report that the other party hasn't given their insurance details or is uninsured.

joshmaiden

hi thanks for the reply,
yeah i have full comprehensive cover including legal cost, does it cover my court costs?

i want to claim back the excess policy costs that i paid to get my vehicle repaired by my insurance. i will give them a call tomorrow as they are closed now.

arcon5

How about cancelling yourclaim with your insurer.
Then pursue the individual with a letter before action enclosing a bill for repairs - don't even mention his insurers

He'll no doubt pass it on to his insurers whom will act as his agents. If they drag their feet then continue making the claim against the individual - once he receives court papers he'll be on the phone every day trying to force them to resolve it.

Add court fees to the bill When the insurer agree a settlement. Court fees will be added to the claim automatically.

Car_54

OnanTheBarbarian wrote: »

The statutory obligation to provide insurance details and plod getting involved in any civil liability situation are 2 totally different issues.

In general, unless it is an incident involving injury and plod attend, or the accident happens under their nose, they have literally no interest in assisting people when they report that the other party hasn't given their insurance details or is uninsured.

If there is no injury, there is NO statutory obligation to provide insurance details to the other party.

OnanTheBarbarian

Car_54 wrote: »

If there is no injury, there is NO statutory obligation to provide insurance details to the other party.

Where does it say that in S154 RTA?

Car_54

OnanTheBarbarian wrote: »

Where does it say that in S154 RTA?

Apologies - I was thinking of what happens at the scene (Section 170) rather than later.